Personal Injury Questions | Video FAQs

PERSONAL INJURY FAQS

How long do I have to file a personal injury case?

The Georgia statute of limitations is two years, which means you have two years from the date of your accident to file a personal injury claim.

What do I do if an insurance adjuster calls me after my personal injury accident?

Do not speak with an insurance adjuster without first consulting your Atlanta personal injury lawyer. While they may seem friendly, it is crucial to remember that the insurance adjuster is not on your side. They will try to use any statement you give against you, misconstruing your words in an attempt to absolve their client. When they call, simply tell the adjuster to get in touch with your accident attorney.

How do I pay my medical bills until I get my settlement?

The at-fault party’s insurance company is responsible for covering your medical expenses – but not until liability is established. Until then, you may be able to use Personal Injury Protection (PIP) coverage, or Workers’ Compensation benefits if you were hurt at work. If you are not insured, find a doctor who will treat you under an agreement that they will be paid when you receive your settlement.

How do I make up for my lost wages until I get my settlement?

Personal Injury Protection (PIP) coverage will pay out lost wages in the meantime. Short-term or long-term disability benefits can also help for workplace injuries. Whichever coverage you choose, keep in mind that the insurance company will need to be reimbursed once you receive your settlement check.

How do I pay for a lawyer in a personal injury case?

At Ross Moore Law, our Atlanta personal injury lawyers work on a contingency fee basis. That means you do not pay anything until we win your case. If you don’t receive a settlement, you don’t owe us anything! Like most personal injury law firms, we will collect a percentage of your settlement once your case concludes, typically around 30% to 33% This percentage may be higher if your case goes to trial.

Need more legal advice? Skilled Georgia Personal Injury Attorney 

CATASTROPHIC INJURY FAQS

 A catastrophic illness or injury is one that is considered life-threatening or has the potential to result in serious disability, impacting the employee’s ability to work and perform everyday functions.

What are some examples of catastrophic injuries? 

Catastrophic injuries can span the spectrum, but most commonly include traumatic brain injuries (TBI), spinal cord injuries, extensive burns, and loss of limbs.

Who is responsible for a catastrophic injury?

Determining fault can be difficult, especially if more than one party is to blame for injuries. If you or a loved one have sustained a catastrophic injury, Ross Moore Law will work to hold the at-fault party accountable – whether the injury was the result of negligence, misconduct or a defective product. Depending on your accident, liable parties may include a driver, medical professional, employer or defective product manufacturer.

How are catastrophic injuries different from other personal injuries? 

Because of their severity, catastrophic injuries typically lead to larger settlements than other personal injury claims. For this reason, the at-fault party’s insurance company may fight harder, requiring lengthy negotiations to reach a fair settlement agreement. Damages may include the following: past and future medical costs, lost wages, pain and suffering, loss of earning potential, and more.

What if I am partially responsible for my catastrophic injuries?

In catastrophic injury cases, there is seldom only one party responsible. Under the comparative liability system, if you played a role in your catastrophic accident, the damages you recover may be reduced depending on your percentage of fault. Simply put, you may still be eligible for compensation even if you were partly at fault. Consult your Atlanta personal injury lawyer to learn more.

Need more legal advice? Skilled Georgia Catastrophic Injury Attorney 

WRONGFUL DEATH FAQS

What is legally considered a wrongful death? 

If someone else’s negligence or intent to harm resulted in your loved one’s death, you may be entitled to compensation for the economic and non-economic damages incurred by their death.

Who can file a wrongful death lawsuit?

State statutes dictate who can file a wrongful death lawsuit. Here in Georgia, only surviving family members (spouse, children, parents) or the executor of the decedent’s estate may pursue legal action. 

What do elements of wrongful death mean in a wrongful death lawsuit? 

In order to prove liability in a wrongful death lawsuit, several elements must be present:

• The person’s death was caused by another person’s negligence or intent to harm.
• The surviving family members have incurred death-related monetary damages.
• A personal representative has been appointed for the decedent’s estate.

Keep in mind that the Georgia statute of limitations is two years. Missing this deadline could mean forfeiting your right to compensation.

How Are Wrongful Death Settlement Amounts Determined?

A variety of factors come into play when calculating damages in a wrongful death case, including medical expenses, funeral/burial costs, and the age of the deceased. Pain and suffering and other noneconomic damages are more difficult to quantify, and will be determined using either the multiplier or per diem method.

How Are Wrongful Death Settlements Paid Out?

When your wrongful death lawsuit concludes, the at-fault party’s insurance company will send a check to your Atlanta personal injury lawyer. Once the law firm receives the settlement, your lawyer will deduct their fees before sending the remaining settlement to the deceased’s survivors. They may also send the check to the executor of the estate.

Need more legal advice? Skilled Georgia Wrongful Death Attorney 

CAR ACCIDENT FAQS

Do I need a lawyer in a minor car accident in Georgia? 

If your accident was minor and did not result in any injuries, you may be able to file a claim and handle the process on your own. But if your car crash resulted in injury or significant vehicle damage, it is best to see legal representation from an Atlanta car accident lawyer. 

Our team will help maximize the compensation you receive, offering trusted legal advice each step of the way.

What are three things to do immediately after a car accident in Georgia?

After your car crash, be sure to do the following:

• Stop your vehicle immediately and if it is safe to do so, move out of the flow of traffic.  
• Call 911 and wait for the police to arrive. 
• Exchange contact information with other drivers involved, as well as eyewitnesses. Be sure to get their names, addresses, telephone numbers, driver’s license numbers, license plate numbers, and vehicle identification numbers.

How do you know who was at fault for a car accident?

Because determining fault can be tricky, it is best to have an experienced Atlanta car accident attorney on your side. Here at Ross Moore Law, we will conduct an in-depth investigation to hold the at-fault party accountable. Liable parties may include the driver, their employer, the government agency tasked with road maintenance, the vehicle manufacturer, and more. 

What will insurance pay for a totaled car?

If your vehicle was totaled in a car accident, the insurance company will pay you fair market value. This is the value of the car at the time of the accident, rather than the amount you purchased it for. If the car is under a lease contract or your loan has not been paid off, you may receive compensation for any amount remaining on the loan or lease if you have gap insurance coverage.

How much does a lawyer get from a car accident settlement?

Most personal injury law firms operate on a contingency fee basis, which means that you don’t pay anything unless you win your case. If you do, your car accident attorney will usually claim between 30% and 33% of your settlement. 

Need more legal advice? Skilled Georgia Car Accident Attorney 

BOATING ACCIDENT FAQS

What percentage of boating accidents result in injuries and fatalities?

According to The Department of Homeland Security and the US Coast Guard, 66% of boating accidents result in injuries and 12% result in deaths. Most injuries are related to alcohol use, while the majority of fatalities are the result of operator inattention.

How do you respond to a boating accident?

After your boating accident, our Atlanta attorneys recommend the following:

• Assess the accident scene for injuries and make sure everyone is out of immediate danger. Administer first aid as needed. If another vessel was involved, check that its passengers are safe as well.
• Call 911 and report the boating accident.
• Secure the scene if possible. If there is wreckage or debris blocking a waterway, move it out of the way if you can. If not, wait for the police or Coast Guard to arrive.
• Document the event. Take photos of damage and injuries and write down your account of the accident while it is fresh in your mind.
• Visit your doctor. Even if you do not require emergency medical attention, see your doctor as soon as possible to rule out injuries and potential complications. Your medical report may also serve as key evidence later on if you decide to pursue a personal injury claim.

Is seeking compensation for a boat accident different from seeking compensation for other types of accidents?

Yes and no. Like other personal injury claims, boating accidents are most often caused by someone else’s negligence. Getting maximum compensation for your accident injuries may require the help of an experienced Atlanta boating accident lawyer, especially if there is a dispute over who caused the accident.

But there are also boat-specific aspects to your case, like reckless boating and improper vessel maintenance. These issues are in addition to those commonly found in other accidents that occur on land.

What evidence should I collect after a boating accident? 

When it comes to recovering maximum compensation, the more evidence, the better. Take photos of your accident scene, including property damage and injuries. Also, get the contact information of other boat operators/passengers and witnesses. Once you have visited your doctor, retain all medical records or documents related to your care.

What is necessary to pursue a product liability case against a boat manufacturer? 

If a defective part or product caused your boating accident, the manufacturer may be liable for damages. To pursue a product liability claim, you must prove that the boat or part was faulty and that the defect caused your injury.